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|Ziggy| posted:This is in Texas. I'm renewing my lease and the rate is going up $30 per month and they just mistyped the new lease agreement. I'm not grandfathered into anything. It's not terribly important if you don't know, I was just curious. The addendum made it sound like you were being grandfathered in at the old rate. If there were any conversations suggesting that you could keep the old rate, that may be important. I'd call them up and ask them if they meant to charge you the old rent amount or the new rent amount. Worst that happens is they say the new rate applies. If for some reason they let you keep the lower rate, get that in writing and keep it on file. Disclaimer: Still just a law student. Like everyone else on the internet, I may or may not be wearing pants, and you should consider my comments accordingly. Soylent Pudding fucked around with this message at 07:49 on May 9, 2011 |
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May 9, 2011 03:02
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California; Terminated an employee for generalized incompetence and misconduct. He worked mainly from home. He refused to return the company computer(s), the company checkbook, the office keys or the binders with ~12 months worth of time-sheets, billing, invoices etc. How difficult is it going to be to get these things back from him? I am only a manager, I believe the owners of the company will be pursuing him, but this is mostly for my own edification.
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May 9, 2011 05:21
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Pretty easily, assuming the company had written documentation for things he took out. The first thing I'd do is file a police report, assuming the PD has some spare time they will talk to him, which should fix the problem. If the cops don't want to deal with it you could file a lawsuit and probably get a court order to return the stuff fairly quickly. Of course, if you don't have the documentation to prove the stuff is actually yours and the he has possession of it, it could be a lot harder.
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May 9, 2011 11:19
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Konstantin posted:Pretty easily, assuming the company had written documentation for things he took out. The first thing I'd do is file a police report, assuming the PD has some spare time they will talk to him, which should fix the problem. If the cops don't want to deal with it you could file a lawsuit and probably get a court order to return the stuff fairly quickly. Of course, if you don't have the documentation to prove the stuff is actually yours and the he has possession of it, it could be a lot harder.
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May 9, 2011 14:15
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My unit just had a briefing for what policies will/won't change whenever Don't Ask Don't Tell gets repealed. Part of the brief was information on what benefits same-sex spouses will NOT get, supposedly because the Defense of Marriage Act won't let the military provide those benefits. Is this indeed the case? I thought DOMA was regarding states' treatment of weddings from other states.
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May 11, 2011 03:50
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hooah posted:My unit just had a briefing for what policies will/won't change whenever Don't Ask Don't Tell gets repealed. Part of the brief was information on what benefits same-sex spouses will NOT get, supposedly because the Defense of Marriage Act won't let the military provide those benefits. Is this indeed the case? I thought DOMA was regarding states' treatment of weddings from other states. As I understand it, the law does two main things. First, it gives states the option of not recognizing same sex marriages granted by other states. Second, for the purposes of federal law, it defines marriage as between one man and one woman. We needed this law to protect American families from The Gay. If gay men weren't tempting other  From wikipedia: Section 2. Powers reserved to the states No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship. Section 3. Definition of marriage In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife. Soylent Pudding fucked around with this message at 04:14 on May 11, 2011 |
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May 11, 2011 04:12
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hooah posted:My unit just had a briefing for what policies will/won't change whenever Don't Ask Don't Tell gets repealed. Part of the brief was information on what benefits same-sex spouses will NOT get, supposedly because the Defense of Marriage Act won't let the military provide those benefits. Is this indeed the case? I thought DOMA was regarding states' treatment of weddings from other states. Like Solyent Pudding said, DoMA controls the federal definition of marriage. So, spousal benefits are right out for gays because of DoMA. However, it does not control the definition of 'dependent' or 'family member' or 'caregiver' so there's some room for the administration/ services to act. Caregivers of dependent children? No reason under DoMA that they couldn't live in on-base housing with the service member... SGLI beneficiary? no problem. Exchange privileges? maybe. Medical benefits? probably not, and Congress would probably step in if the services massaged the 'dependent' definition to include same sex partners/ spouses.
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May 11, 2011 04:24
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Thanks for the responses. I'd forgotten about that second proviso in DoMA.
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May 11, 2011 04:45
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Andy Dufresne fucked around with this message at 20:03 on Jun 22, 2012 |
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May 11, 2011 20:51
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InfoAficionado posted:Dallas County, TX Just as a heads up, finding one lawyer to represent both of you may be slightly harder. Even though things seem to be friendly, you are still adverse parties and lawyers run into all sorts of ethical issues because of that. If they're any good they will have you waive privilege and confidentiality with respect to each other, and they still probably have to withdraw from representation if you end up disagreeing about something. I'm sorry things didn't work out for you, but good luck with everything.
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May 11, 2011 23:31
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May 12, 2011 00:00
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InfoAficionado posted:I was under the impression that sharing a lawyer isn't uncommon if there's no disagreement in splitting stuff up. FWIW, I've basically told her she can have whatever she wants and I'll take what's left (except for the bank account, which we already split). We're both pretty stupidly young and just want it to be done with. Sharing can be done, especially in situations like this. You just have to waive a whole bunch of stuff.
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May 12, 2011 00:05
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I'm hoping that there are some people familiar with Canadian law here who could give me a bit of advice regarding the rules surrounding the use of disclosure in criminal proceedings in civil actions. I was brought up on several criminal charges a year ago. These charges also resulted in my employer firing me. The criminal case is over and done with; the Crown withdrew the charges in front of the judge without a trial, stating that due to problems with their witnesses and evidence they had no possibility of proving the case beyond a reasonable doubt. There was no actual trial, my lawyer and I didn't say a word to the judge (details of what went down are here). Now I'm faced with getting my job back. My employer did their own investigation, decided I was guilty and fired me. My union has filed a grievance to reverse the termination and it's scheduled for arbitration in August. We're trying to get that date moved closer. Now, there's quite a few things in my disclosure that will actually help me in arbitration. I want to use these documents. The problem is, as far as I know there's an implied undertaking of confidentiality in regards to disclosure. I'm to only use this information in my criminal trial and I could only disclose this information to my lawyer. I spoke to Duty Council and they said that I could write the Crown Attorneys office to seek permission to use my disclosure but if I don't it becomes a huge gray area. This implied undertaking is normally used to protect confidential informants, children and the accused as well as to protect the integrity of the criminal proceedings. Usually it's the party making the accusations seeking the disclosure and the accused trying to stop it from being released. In this case, none of these things apply. The case is over, there's nothing in there that can harm me and I want it to be used and the case didn't involve any children or informants. I told my union rep about this, he should be checking with the unions lawyers but I've been doing research on my own to see if there's a final answer on this. I know I could just sit tight and wait but to be frank I've spent this entire situation in limbo and I want to get the ball rolling. I'm anxious to provide this information to my union so I can formulate our case as quickly as possible and if I can get a definite answer sooner about whether or not I'll be getting myself in trouble for showing these documents to my union. So, anyone have an answer?
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May 12, 2011 15:36
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Anyone know anything about Freedom of Information Act filings (more specifically, the New York version, Freedom of Information Law)? I want to know the truth behind this, so I have to obtain the tape. The problem is that Columbia University is a private institution, so my only hope is that evidence handed over to the police could be FOIL'd. The relevant (to my un-lawyery eyes) parts from the restrictions, with my comments: quote:2. Each agency shall, in accordance with its published rules, make available for public inspection and copying all records, except that such agency may deny access to records or portions thereof that: I'm a New York resident. I plan to release the footage if I can obtain it. Thanks!
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May 13, 2011 05:54
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LuftWaffle posted:Anyone know anything about Freedom of Information Act filings (more specifically, the New York version, Freedom of Information Law)? Why not make the request, then see what they say? That way you don't have to research a bunch of loose ends.
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May 13, 2011 10:51
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I have a question, I was going to start at a position with a company, and I did not pass the background check because there is a person with my name and birth date that has many convictions and a warrant for arrest. A lawyer gave me a free consultation and told me to go to the police. I went to their department and they told me it is because undocumented immigrants only give their name and date when convicted and I had bad luck, but there is nothing they can do basically. I have had this problem twice with immigration when entering the United States, where I have to wait and miss my flight connection in the immigration room while they make sure I am not that person. I have disputed the background check, and I am currently waiting to see what they do. I cannot start my position until I am cleared of course. To me it seems ridiculous that a pre-liminary background check can consist of just a name and date match, it seems like putting my name in google and see if a green or red light comes. No finger prints or social security check. I just want advice on what could be done? It was hard enough finding this position and I was supposed to start next week, if I loose it due to this I am going to be very pissed off.
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May 14, 2011 03:29
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Boston, MA I am currently subletting a room in a 4 bedroom apartment, and I believe I had to fill out a background check but signed no contract or lease. The original tenant on the lease moved out three weeks into the lease, and I took over from there. Where I live is pretty much the ghetto, so I have been looking to move and found a new place to sublet for the summer. I have spent the last two months looking for a subletter, and within the last two weeks three different people who verbally or through email committed to subletting have backed out, the last one backing out tonight. I move out on Sunday, and would like to know if my current roommates or landlord can take any action against me, or force me to continue to pay rent. I have found information stating that since I did not sign the lease or any contract, my contract was verbal and therefore in MA considered at will, but I don't know how true this is.
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May 14, 2011 08:08
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kriminal posted:I have a question, I was going to start at a position with a company, and I did not pass the background check because there is a person with my name and birth date that has many convictions and a warrant for arrest.
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May 14, 2011 14:22
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joat mon posted:What state/ country are you in? Some states have identity theft statutes where you can (eventually) get an 'I an certifiably me' document which would help.
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May 15, 2011 01:31
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I quit my job on 4/6. My boss text'ed me a few times and left a few voicemails over the next week apologising and asking me to come back and work with him, but I ignored them all since I was done with this lunatic. I emailed him my last time card yesterday, and he replied back saying thanks for the hours, and that he still wants to talk about things, etc. Once again I ignore it, and go back to my new fulfilling job and expect my check in the mail. This morning I have a voice mail from my old boss going ape poo poo because his place got vandalized last night and it must have been me and he is calling the cops. Being an ex-con, i'm used to be blamed first so I wait for someone to show up. A state police officer arrived, and I give him names and phone numbers of people he can reach to verify where I was last night. He kept trying to pry deeper (underage drinking? drugs?), but I politely put an end to that. Then he asks if i'd take a polygraph, to which I replied no. I can pass a polygraph, so I could always call him back and change my mind. But I thought the general consensus was no good ever comes from lie detectors. At this point he closes his little notepad and asks if I have a medical marijuana card. The only way he could have known this is if my boss told the cop, so you get what kind of sleeze bag my boss is (since wtf does my MMJ card have to do with anything). He asks if he can see my card, because its a new thing here, hes never seen one, thinks fraudulent cards might start appearing so he wants to see a real one, etc. Then he implies that my use of MMJ for neck pain as a result of having a golf ball sized tumour was overkill, and that I must just smoke it to relax. I coldly tell him I rather smoke weed for pain than take pills, and that I have nothing else to add to his investigation. He asks real quick if he can search my truck. I ask why, and he assures me he won't in my glove box or under my seats because the item he was looking for was fairly large. I told him the truck was locked and that he could look through the windows if he wanted. He asked me about a shock absorber in the cargo area (ok, SUV not truck), and I told him it goes to my truck. After that he went on his way. tl;dr: Quit job, ignore bosses requests to come back, bosses place gets vandalized, boss believes I am the chief suspect so is unlikely to send me my last check. So there is a lot of rant in there, but I am so frustrated right now. My real question is how am I suppose to get my final paycheck from this guy? I know he isn't going to send it to me now, and i'm in no position to have a civil conversation with the guy anymore.
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May 15, 2011 22:18
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This took place in New Jersey. I'm not currently a defendant, but have been curious about this. In 2005, my friends and I were picked up on our college campus for lifting up a parking gate and driving under it, because we couldn't find parking, and thought the gate was broken. It was the middle of the night, it was pouring rain, and we were freshman, so we didn't know the campus very well. Campus cop took my license and photocopied it, took a statement where I said the above, and said that he was referring it to municipal court for a charge of criminal mischief. He said we had broken the gate by lifting it. My friends had a campus hearing a week later, but I was never summoned. They got 10 hours of community service each. I looked up the criteria for Criminal Mischief, and in order to charge me with it, it must be proven that I damaged a piece of private property to the degree that the value of the property is less than what it was before I came into contact with it. Here I am six years later, having graduated from that college, and I never heard another word about it. I haven't spoken to a lawyer, because I haven't been charged. My questions are: If all of the sudden they realize that they forgot to charge me, is it past the statute of limitations, or would that not apply as they already took a statement from me? I never actually touched the gate itself, but rather I was the driver of the vehicle, so I didn't "come into contact" with it, but rather drove under it while my friends lifted it up. Would this make it difficult to charge Criminal Mischief against me?
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May 16, 2011 02:53
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Shiva's Delight posted:This took place in New Jersey. It looks like the statute of limitations for criminal mischief is five years, but if it was filed in municipal court, it would be one year. Taking a statement does not stop the statute of limitations from running; filing a charge does. (leaving the jurisdiction might, too.) You could have been charged as an accomplice. To convict you, they would have to show that you had the same intent as the ones who lifted/broke the gate - pretty easy if they're doing it so you can drive your car through. I am not licensed to practice law in New Jersey.
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May 16, 2011 03:31
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joat mon posted:It looks like the statute of limitations for criminal mischief is five years, but if it was filed in municipal court, it would be one year. Taking a statement does not stop the statute of limitations from running; filing a charge does. (leaving the jurisdiction might, too.) So, in your opinion, the clock has run out on it?
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May 16, 2011 03:43
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Shiva's Delight posted:So, in your opinion, the clock has run out on it? Generally, date of the offense + length of the statute of limitations = the date after which one can no longer be prosecuted for that crime. There may be niggledy bits to NJ law (I don't know how NJ handles time out of the jurisdiction - does time absent from the jurisdiction put the statue of limitations on hold while you're gone, or does NJ require something like absence with the intent to avoid being charged?) and/or your fact pattern that would factor into an opinion. For a legal opinion, you need to ask a New Jersey attorney with whom you have an attorney-client relationship.
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May 16, 2011 04:54
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uG posted:So there is a lot of rant in there, but I am so frustrated right now. My real question is how am I suppose to get my final paycheck from this guy? I know he isn't going to send it to me now, and i'm in no position to have a civil conversation with the guy anymore. I would speak to an employment attorney about the rest.
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May 16, 2011 05:27
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joat mon posted:Generally, date of the offense + length of the statute of limitations = the date after which one can no longer be prosecuted for that crime. Okay, thank you so much!
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May 16, 2011 06:06
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(This is in Pennsylvania, Northumberland county to be exact, not willing to whittle it down further) First off, let me preface this post by saying yes, agreeing to the contract was a horrible idea, and I should have looked at it better, that being said... A little over two years ago, my wife got a small loan out for a car that we needed. She had a car that had recently crashed, and it only had liability on it, so the insurance didn't cover the cost of replacing the car, obviously. That car was all well and good, however, my wife and I at the time had very low paying jobs and piss poor credit. The contract we signed put the interest rate at 23%, which is really high, but not illegal. The car ran fine for a while, and for what seems like no reason, the transmission poo poo itself, so we were out the car and the rest of the loan. We went back to the same lending place (since I assumed we were at their mercy for the owed money), and got a new loan for another vehicle, and the remaining balance of the previous loan was rolled into this one. We signed the papers and was on our way. This was a little while ago. Since then, we are in a much better financial position, we're getting a nest built up, and generally a lot better off (better jobs!). I was looking though the auto loan papers again, and noticed that the interest rate and a shockingly high 25.36 percent. Like I said, young and dumb. Anyway, I seemed to recall that anything above 25% for any type of loan was usury. As far as I can tell, the highest interest percent a loan can have in Pennsylvania is 6% for personal loans under $50,000, and anything over 25% for any other types of loans was usury, and therefor illegal. I couldn't really find anything concrete about this online, and I'm a stammering moron on the phone, so I was wondering if any of you have any type of opinion on this/my options if it is in fact illegal, or if I should definitely seek further legal council. If it isn't, I'm a moron for signing the stupid rear end thing and I'm stuck with it. If it IS illegal, I'm still a moron, but maybe I can get the interest rate down to something...sane, and maybe perhaps get the contract nullified. Anyway, thanks for reading, and sorry if it's a little difficult to follow or if it jumps all over the place, I'm not too good at formatting long posts. Edit: I grammar good. Dradien fucked around with this message at 06:15 on May 16, 2011 |
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May 16, 2011 06:12
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LuftWaffle posted:Anyone know anything about Freedom of Information Act filings (more specifically, the New York version, Freedom of Information Law)? tl;dr just send a request and see how they respond. FOIA appeals require exhausting administrative remedies and probably a motion battle between an attorney and the agency, so it can get expensive but you can cross that road if you get there. Omerta fucked around with this message at 07:16 on May 16, 2011 |
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May 16, 2011 07:13
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uG posted:So there is a lot of rant in there, but I am so frustrated right now. My real question is how am I suppose to get my final paycheck from this guy? I know he isn't going to send it to me now, and i'm in no position to have a civil conversation with the guy anymore. Check and see if your state has a Department of Labor or similar department that is responsible for labor laws. They may have a local office near you where you can ask questions and/or file a dispute. I'm not a lawyer, but a friend of mine had a similar nonpaying-employer issue a couple years ago. It took weeks of hassling them to send his last paycheck, they gave promise after promise that "it would be in the mail soon" but they took their sweet time with it. He went to the local labor board office and asked them if that was legal. Turns out that in CA, an employer (I'm generalizing here) has to hand over the final paycheck immediately (before you walk out the door on your last day), and for every day the employer is late, you get paid for that day as if you were still working there. What it boiled down to was my friend filled out a complaint form explaining the situation, gave it to the lady at the labor office, and a few months later (yeah, it isn't fast) he got a check for five weeks additional pay. I hope your state laws are as awesome.
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May 16, 2011 08:49
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Dradien posted:Usury If they loan charges interest beyond what the usury statute permits, you may have a remedy. What the remedy is may depend on state law. It would probably be worthwhile to at least get a quick consult with a local attorney, you probably can get a cheap consult here: http://www.pabar.org/public/membership/lrsblurb.asp As always, I am not a lawyer licensed in your jurisdiction, and you have no guarantee that I am even wearing pants. Treat my advice accordingly.
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May 16, 2011 08:58
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Soylent Pudding posted:If they loan charges interest beyond what the usury statute permits, you may have a remedy. What the remedy is may depend on state law. It would probably be worthwhile to at least get a quick consult with a local attorney, you probably can get a cheap consult here: http://www.pabar.org/public/membership/lrsblurb.asp Thanks for the link. You not being a licences lawyer in my jurisdiction isn't much of a problem, however, the pants wearing part? Come on man...
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May 16, 2011 12:35
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nm posted:If the cops come back lawyer up. You're an ex-con, you should know the cops ain't your friend and never will be no matter how much you changed. Choadmaster posted:Check and see if your state has a Department of Labor or similar department that is responsible for labor laws. They may have a local office near you where you can ask questions and/or file a dispute. quote:Sec. 18. (1) The department shall order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay the
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May 16, 2011 17:50
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(Florida) I have a friend who shoplifted at K-Mart today. They took her in, made her feel like poo poo, but had her sign release forms and said the police would not be involved and that she would not have a criminal record. However, they also said that she will be fined. What she stole was valued at less than 20 dollars. How could she pay a fine and have that not be on her record? Or does that money go to K-mart and it's not related to the city? Bonus: Around how much would the fine be?
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May 17, 2011 04:50
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I am not giving you legal advice because I am not a lawyer, I am giving you general information. Typically the fine is treated as a civil thing as if it was a debt owed to the store, except if you don't pay this debt they involve the police. I have heard of fines up to around $300.
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May 17, 2011 04:57
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Bobnumerotres posted:(Florida) I have a friend who shoplifted at K-Mart today. They took her in, made her feel like poo poo, but had her sign release forms and said the police would not be involved and that she would not have a criminal record. http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS09/CH0772/Section_0772.11.HTM Here's an article about the process: http://online.wsj.com/article/SB120347031996578719.html
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May 17, 2011 17:46
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As a grad student with no prior legal problems, how likely am I to get a public intoxication charge dismissed? Should I definitely get an attorney or is it possible to get this done by myself at my hearing? Also, does anyone have an idea how much hiring an attorney in a case like this would cost me? I'm not really in a position to deny the charges, I was caught throwing up while walking home, just hoping to avoid a conviction here. This is my first offense of any time, and public intox was the only charge.
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May 17, 2011 18:01
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What can I do about my apartment complex ripping me off constantly? I'd go into a huge rant of a story, but really my only question is - who can I report them to? BBB? Who else? I want to keep them busy with paperwork for a couple of months. Location Austin, TX.
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May 17, 2011 18:30
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harborbomber posted:What can I do about my apartment complex ripping me off constantly? I'd go into a huge rant of a story, but really my only question is - who can I report them to? The BBB has no real power. Start here: http://www.housing-rights.org/
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May 17, 2011 18:33
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We are in Dallas, TX in Collin County, the accident took place in Fort Worth, TX in Tarrant County. My friend was recently in a minor car accident (she was rear ended). After speaking with the assailant, it was decided not to get the police involved as to avoid his (the assailant's) insurance rates from spiking. He claimed not to have his insurance on him. My friend did get his vehicle registration number, his driver's lisence number, his phone number, and address. Unfortunately, since the accident took place, we have been unable to get in touch with the man. He will not return my friend's phone calls. I called and he answered, but he hung up as soon as he learned what I was calling about. The damages to my friend's car are minimal and she has gotten estimates, all of which are around $500. Unfortunately, her deductible is $500, so there seems to be no point in using her insurance. Basically she needs advice as to how to proceed, she's been in contact with her insurance, the police, and the DMV, but there seems to be nothing she can do to get this guy to pay for damages. We suspect he has no insurance, and would at the very least like to report him for driving without insurance, but somehow this doesn't seem to be possible either. It's been 11 days since the accident, so we've been told it is no longer possible to file a police report. Is it worth taking this man to small claims court (without a police report)? Or is there anything else that can be done?
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May 17, 2011 19:40
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Pay for the repair, and either view it as a $500 lesson, or take him to small claims court. Is there damage to his car? If you take him to small claims court, see if you can snap a shot of his car.
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May 17, 2011 20:03
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